Kim v. International Triathlon Union, [2014] B.C.T.C. Uned. 2151 (SC)

JudgeCohen, J.
CourtSupreme Court of British Columbia (Canada)
Case DateNovember 19, 2014
JurisdictionBritish Columbia
Citations[2014] B.C.T.C. Uned. 2151 (SC);2014 BCSC 2151;[2014] B.C.T.C. Uned. 2151
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9 practice notes
  • HETHERINGTON v. SASKATCHEWAN LIQUOR AND GAMING AUTHORITY,
    • Canada
    • Court of Queen's Bench of Saskatchewan (Canada)
    • April 17, 2020
    ...against including previous service in any subsequent severance calculation: Smith; Gibara; Leonard; Kim v International Triathlon Union, 2014 BCSC 2151 [Kim]. 5. However, if the employee is enticed to return to his original employer, this inducement may overcome an extended hiatus in employ......
  • Frederiks v. Executive TFN Waterpark Limited Partnership,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • October 4, 2022
    ...paras. 215–219, citing Robinson v. Team Cooperheat-MQS Canada Inc., 2008 ABQB 409; Kim v. International Triathlon Union, 2014 BCSC 2151; and Beach v. Ikon Office Solutions Inc. (1999), 45 C.C.E.L. (2d) 12 (B.C.S.C.). See also: Ceccol v. Ontario Gymnastic Federation (2001), ......
  • Shultz v. Prococious Technology Inc., dba Cleardent,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • August 18, 2022
    ...in a manner consistent with the recognition of the employee’s previous employment: Kim v. International Triathlon Union, 2014 BCSC 2151 at para. 226, citing Gibara v. ABN-Amro Bank, 2003 CanLII 46275 at para. 10 [20]       Here, there was no express term......
  • Fobert v. MCRCI Medicinal Cannabis Resource Centre Inc.,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • December 22, 2020
    ...relies on several decisions as analogous and supportive of a four or five month notice period: Kim v. International Triathlon Union, 2014 BCSC 2151 (five months notice); Saalfeld v. Absolute Software Corporation, 2009 BCCA 18 (five months notice); Cassady v. Wyeth-Ayerst Canada Inc. (1998),......
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4 cases
  • HETHERINGTON v. SASKATCHEWAN LIQUOR AND GAMING AUTHORITY,
    • Canada
    • Court of Queen's Bench of Saskatchewan (Canada)
    • April 17, 2020
    ...against including previous service in any subsequent severance calculation: Smith; Gibara; Leonard; Kim v International Triathlon Union, 2014 BCSC 2151 [Kim]. 5. However, if the employee is enticed to return to his original employer, this inducement may overcome an extended hiatus in employ......
  • Frederiks v. Executive TFN Waterpark Limited Partnership,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • October 4, 2022
    ...paras. 215–219, citing Robinson v. Team Cooperheat-MQS Canada Inc., 2008 ABQB 409; Kim v. International Triathlon Union, 2014 BCSC 2151; and Beach v. Ikon Office Solutions Inc. (1999), 45 C.C.E.L. (2d) 12 (B.C.S.C.). See also: Ceccol v. Ontario Gymnastic Federation (2001), ......
  • Shultz v. Prococious Technology Inc., dba Cleardent,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • August 18, 2022
    ...in a manner consistent with the recognition of the employee’s previous employment: Kim v. International Triathlon Union, 2014 BCSC 2151 at para. 226, citing Gibara v. ABN-Amro Bank, 2003 CanLII 46275 at para. 10 [20]       Here, there was no express term......
  • Fobert v. MCRCI Medicinal Cannabis Resource Centre Inc.,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • December 22, 2020
    ...relies on several decisions as analogous and supportive of a four or five month notice period: Kim v. International Triathlon Union, 2014 BCSC 2151 (five months notice); Saalfeld v. Absolute Software Corporation, 2009 BCCA 18 (five months notice); Cassady v. Wyeth-Ayerst Canada Inc. (1998),......
4 firm's commentaries
  • Canadian Internet Law Update - 2014
    • Canada
    • Mondaq Canada
    • March 25, 2015
    ...with or about the complainant. H. Employment Wrongful Dismissal - Social Media Posts and Tweets Kim v. International Triathlon Union, 2014 BCSC 2151, involved the plaintiff's claim for wrongful dismissal from her 22-month position as the defendant's Senior Communications Manager. The defend......
  • #Wrongfuldismissal: Social Media In The Spotlight
    • Canada
    • Mondaq Canada
    • December 1, 2014
    ...in the letter was not even brought to her attention until after her termination. [emphasis added] Kim v. International Triathlon Union, 2014 BCSC 2151 What The plaintiff, a Senior Manager of Press Communications, was terminated on November 20, 2012 and claimed in her statement of claim that......
  • The Court Weighs In: Termination For Social Media Misconduct
    • Canada
    • Mondaq Canada
    • September 8, 2015
    ...and brand. This debate was rekindled recently in the British Columba Supreme Court decision in Kim v International Triathlon Union, 2014 BCSC 2151. Kim, a manager at International Triathlon Union (ITU), was terminated after making several negative blog, Facebook and tweet posts about her em......
  • When "All The Smoke" Leads To Fire: What Canadian Employers Can Take Away About Employee Off-Duty Conduct From Matt Barnes' Recent Departure From NBC
    • Canada
    • Mondaq Canada
    • March 21, 2024
    ...O.L.A.A. No. 4, at paras 19 and 20. 2. Kelly v. Linamar Corporation, 2005 CanLII 42487 (ON SC) 3. Kim v. International Triathlon Union, 2014 BCSC 2151 The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your spec......
1 books & journal articles
  • Cumulative Cause.2.
    • Canada
    • LawNow Vol. 41 No. 4, March - March 2017
    • March 1, 2017
    ...Judicial Decision The Senior Communications Manager challenged her firing by ITU. In Kim v. International Triathlon Union, 2014 BCSC 2151 [http://canlii.ca/t/gfbm4], the trial judge used context to determine whether Kim's misconduct constituted sufficient cause. The severity of an employee'......

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